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01-1310 Cowden, et al. v. Kadlec, et al.

By: dmc-admin//August 19, 2002//

01-1310 Cowden, et al. v. Kadlec, et al.

By: dmc-admin//August 19, 2002//

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David and Gayle Kadlec appeal a judgment awarding Northern Health Services (NHS) $154,160.08 in damages for breach of a lease agreement for a Community Based Residential Facility (CBRF). The circuit court concluded that, based on Section Two of the lease agreement, the lease term commenced on Jan. 27, 1998. The Kadlecs argue that based on Section Two of the lease agreement, the lease commenced on November 12, 1997. In the alternative, the Kadlecs contend that the lease commenced on Nov. 21, 1997. We conclude that Section Two is ambiguous and that under the most reasonable construction, the lease term did not commence because NHS never occupied the CBRF.

Therefore, we affirm the judgment.

This opinion will not be published.

Dist III, Chippewa County, Sazama, J., Per Curiam

Attorneys:

For Appellant: Owen Thomas Armstrong Jr., Milwaukee; Debra Hayes Colcord, Wausau

For Respondent: Thomas J. Graham Jr., Eau Claire; Joel L. Aberg, Eau Claire

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